The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1887-11-04

your Honorssl a price was set on my head, aJ
though were q roll, ard $4,000 was offered to
any man that could capture !, me
to murder me by Jefferson Da7is
and his associates and who, if they were here
at your bar, trying to ascertain whether they
sheHld have an honest and fair trial for their
great crimes, ard theF called upon neither
lives in danger-I should hold Il 70 be. my duty
TO stand here and Go all that might TO defend
them. That is the chivalry of the law, if I'M
derstand it, and if don't it is not of much con-
sequence, for I am quite easily and quickly
passing away
General Butler Proceeded to considera-
ton Of the Special and peculiar dHestisns
raised by the cases Of Fie1den and Spies,
who are foreigners. He contended that
treaties were the supreme law II TIE land, and
that these prisoners were entitled by
virtue of treaties with Germany and
Great Britain to all the rights and priv.
1gess Of American citizens at the time
stch treaties we're made. The State
had no power to try these men by one Of its
own laws, which was not the law OF the land at
the time the treaties were ratified. He did
rot mean; he saids that foreigner could come
down into state ard, break its laws
with impunity and that She State
could not touch him. but he did mean that She
State could only try him in accordance with
the law of the land-the whole land-at the
time the treaty with his Government was made.
This; he Said; was an important question to ev-
cry American citizen because; iii return for
the concessions maAe BY this Government in the
treaty with CIR cat Britain, the Government of
that country had made similar Confessions to
rs. Suppose that a citizen of the United
States Should go to ireland and should make
some remarks about the adYantage of Repub-
lean form of government and should he ar
tod mud 4pia INV 6n Cri,o Ont
violation Of the treaty, would we
not stand up and say that this
man must be tried by a fair and
impartial jury-that he must be tried as
an Ehglishmaia Would have been tried, at the
time the treaty was made, and that he
can not be dealt with in q more sum-
mary way Under d later. lawS II
this should happen, General hutler said, he
hoped the English authorities would not be
| able to hold up to him a decision of
the United States Supreme Court sus-
| taiHing the right to try an Epglishman
by the local law OF a State Which was nothing
| hut a swamp and wilderness at the time the
treaty was ratified
AS enunciated by Chief Justices of the gu
preme Court an impartial juror, he said, is one
who islands in freedom of mind, without bias
or prejudice, and is Indifferent The petition
| ers were not tried by such a jury, and are en-
| ti6n. 'tIf'' he said, sthe court is to give me
| jurors as prgiudiced as SOME of those III this
case 1 had better go to land of Hottentots;
for they would not allow ME to be stolen and
| taken back into Illinois, -'S
| General Buffers allusion is to the kidnapping
of Ker, referred to by counsel on the other side
in defending their search and seizure.]
AS q final reason why the writ should be
| granted General Butler urged the prisoners
nod tx Il,
and without being asked whether they had any
reason to give why sentence of death should not
be pronounced upon them, The record, he
| said, did not show that they were absent when
sentenced, but they could prove it. The
record showed that they were present but
| they could prove by half Chicago that this was
| d mistake.
| In conclusion, General Butler saidf "May 1,
in closing, make one observation. If men s
lives can be taken id this way, as you have seen
exhibited here to-day, better anarchy; better be
without law than with any such law